In 2004 the Governing Council of UNIDROIT adopted the Principles of Transnational Civil Procedure prepared by a joint American Law Institute/UNIDROIT Study Group. The Group was composed of the following members: N. Andrews (Cambridge University, U.K.), A. R. Kemelmajer De Carlucci (Supreme Court of Justice of Mendoza, Argentina), F. Ferrand (Université Jean Moulin, Lyons, France), G. C. Hazard Jr. (University of Pennsylvania Law School), M. Kawano (Nagoya University, School of Law, Japan), P. Lalive (Lalive & Associés and Geneva University, Switzerland), R.T. Nhlapo, (Minister, South Africa; Honourary Member of the Governing Council), R. Stürner (Freiburg University, Germany) and M. Taruffo (Pavia University, Italy). R.T. Nhlapo was appointed Chairman of the Group, while G. C. Hazard Jr. and R. Stürner were appointed Co-rapporteurs. A. Gidi (Brazil, American Law Institute) acted as Secretary to the Group.
The Principles, consisting of 31 provisions, aim at reconciling differences among various national rules of civil procedure, taking into account the peculiarities of transnational disputes as compared to purely domestic ones. They may serve not only as guidelines for code projects in countries without long procedural traditions, but may also initiate law reforms even in countries with long and high quality procedural traditions; they may also be applied by analogy in international commercial arbitration.
UNIDROIT official versions of the ALI / UNIDROIT Principles of Transnational Civil Procedure (with commentary):
prepared by Mr Xinya Shi, Attorney-at-Law, Beijing Zhang Yuqing Law Firm. All rights reserved. prepared by the Co-Rapporteur of the Joint UNIDROIT / ALI Study Group, Prof. Dr Rolf Stürner, University of Freiburg. All rights reserved. prepared by Mr Kiyoshi Hosokawa, Member of the Governing Council of UNIDROIT. All rights reserved. reproduced by kind permission of the SD Institute of Law (S.D.I.L.). This is an excerpt from the volume reproducing the Persian translation of the Principles of Transnational Civil Procedure, prepared by Dr.Majid Pour-Ostad, Assistant Professor (Civil Procedure & Comparative Law), Faculty of Law, I.A.U (Central Tehran Branch) and Attorney-at-law, Transnational Law Office Dr. Pour-Ostad & Associates. All rights reserved. prepared by Dra. Inés de San Martin, Attorney and Assistant Professor at the University of Buenos Aires (Argentina), with the support of UNIDROIT, and reviewed by Dra. Aída Kemelmajer de Carlucci, Magistrate on the Supreme Court of Mendoza (Argentina) and member of the ALI-UNIDROIT Working Group for the preparation of Principles of Transnational Civil Procedure. All rights reserved. prepared by Prof. Dr M. Kamil Yildirim, Marmara Üniversitesi, Hukuk Fakültesi (Istanbul). All rights reserved.
The ALI / UNIDROIT Principles of Transnational Civil Procedure with Commentary have been published by the Cambridge University Press. This volume also contains the Reporters' Study Rules of Transnational Civil Procedure, the Reporters' model implementation of the Principles, providing greater detail and illustrating concrete fulfillment of the Principles.
The ALI / UNIDROIT Principles and Rules of Transnational Civil Procedure with Commentary, together with the Reporters' Study Rules of Transnational Civil Procedure have also been published in Persian, Russian and Spanish.